Legal Question in Family Law in New York
Separation
My sister filed for separation 4 years ago, and was granted a separation, since then, she went and bought a house with her separated husband and has filed joint tax returns.
Now she wants to divorce the bum, can she? Or does she have to refile and start everything all over again??
2 Answers from Attorneys
Re: Separation
It's not possible to answer the question without more information.
If she'd like to arrange a consultation, she should feel free to contact my office.
Re: Separation
Your sister can file for a divorce is she has one of the six grounds under DRL 170. Living apart for one year or more under a judicial separation is one ground, but she is not limited to that if she meets one of the other five.
The question seems to be whether the separation is still binding. Without actually seeing the separation and knowing all the relevant facts, it is impossible to say for certain what your sister's options are.
She should speak to a lawyer in a confidential setting for specific advice.
J. Douglas Barics
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
